Estate Planning Attorney Portland
Wealth Preservation & Estate Planning
Jonathan D. Mishkin is an estate planning and wealth preservation attorney with offices in Portland, Bend, and West Linn, Oregon. With a masters in tax law and over 25 years of experience, he advises clients in Oregon and Washington on all aspects of gift, estate, and philanthropic planning.
Mr. Mishkin possesses extensive expertise in designing and implementing sophisticated structures such as family limited liability companies/partnerships, grantor retained annuity trusts, insurance trusts, qualified residence trusts, and charitable trusts. His focus is facilitating asset transfers to heirs and charitable recipients in the most tax-efficient manner while providing personalized advice aligned with each client's values and beliefs. Furthermore, Jonathan represents individuals in estate and trust-related audits before the Internal Revenue Service, Oregon Department of Revenue, and Washington State Department of Revenue. He also offers guidance to Trustees on all aspects of trust administration.
The Law Office of Jonathan D Mishkin, P.C. offers the following estate planning services:
- Foundational Documents & Personal Planning
- Asset Protection
- Fiduciary, Trusts, Estates and Probate Litigation
- Planning for Unique and High Value Assets
- Guardianship/Conservatorship
- Blended Families and Same-Sex Couples
- Business Succession Planning
- Charitable Planning
- International Estate Planning
- Estate Planning with Digital Assets
- Elder Law and Estate Planning
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Foundational Documents & Personal Planning
Our firm is dedicated to helping individuals and families create comprehensive estate plans that protect their loved ones and provide peace of mind. We understand that planning for the future can feel overwhelming, which is why we take a personalized, client-centered approach, guiding you through the process with clear communication and in-depth expertise. We believe foundational estate planning is for everyone, regardless of the size of your estate, and we are committed to making it accessible and straightforward.
A foundational estate plan is a strategic blueprint for protecting yourself, your assets and ensuring a seamless transfer of wealth to future generations. It's more than just a collection of documents; it's a comprehensive strategy tailored to your unique circumstances. It includes creating essential documents like a will or trust, designating powers of attorney for financial and medical matters, and naming guardians for minor children. The goal is to protect your loved ones from future burdens and provide peace of mind by preparing for both unexpected incapacitation and final distribution of your estate.
Revocable Living Trusts and Wills
These are two separate documents, and only one is needed to serve as the foundation of an estate plan.
A Will is a document that appoints an executor to represent the estate of the deceased client in probate court. This then allows for the distribution of assets, the appointment of guardians for minor children, and the direction of funeral arrangements.
A revocable living trust acts as a private, contractual agreement that details the rules a client has regarding their assets to be held for the benefit or heirs and other beneficiaries. These are especially useful in cases where reaches a certain age or develops a medical condition that mandates assistance with finances. A revocable living trust will help to eliminate the need for a probate lawyer, allowing the person managing the estate to save both time and money.
Durable Powers of Attorney and Health Care Directives
A comprehensive estate plan goes beyond wills and trusts — it ensures you remain in control even if you’re unable to make decisions later in life. Durable Powers of Attorney allow you to designate a trusted person to manage your financial and legal affairs if you become incapacitated. Similarly, Health Care Directives (also known as advanced medical directives) let you clearly outline your medical care preferences and appoint someone to speak for you regarding treatment choices. These documents provide vital protections that help avoid uncertainty and family conflict, giving you and your loved ones confidence and clarity during challenging times.
Cremation or Burial Directives
Planning for end-of-life arrangements is one of the most meaningful ways to ease the burden on those you care about. Cremation or Burial Directives allow you to document your preferences for funeral, memorial, or final disposition arrangements well in advance. By clearly stating your wishes, you ensure that your loved ones act with certainty and respect for your intentions, rather than making difficult decisions in a moment of grief. Including these directives as part of your estate plan brings peace of mind today and preserves your legacy in the future.
Asset Protection
Asset protection is defined as the safeguarding of wealth and assets from attack by future, unsecured creditors. The assets that we have protected include liquid assets, securities, real estate, business interests, professional practices, works of art, intellectual property, cars, boats, jewelry, and virtually anything of value. We protect these assets from threats such as aggressive litigants and predatory creditors and preserve the assets for the benefit of our clients and their families.
We protect assets using domestic laws and entities such as limited partnerships, limited liability companies, irrevocable trusts, and corporations, as well as the laws of foreign countries.
The privacy of our clients is paramount. We carefully safeguard the privacy of our clients and the confidentiality of their assets. Rather than basing asset protection strategies on the supposed “banking secrecy,” we use the law – both U.S. and foreign – to create secure, impenetrable barriers around those assets. As a result, our asset protection strategies have withstood the test of time as well as governmental and judicial scrutiny.
Internationally, we have developed strategies utilizing asset protection trusts, corporate entities, limited partnerships, and more esoteric vehicles such as foreign annuities and private placement insurance, which have successfully protected clients’ assets in extremely sensitive situations.
In order to ensure the safety of our clients’ offshore assets, we have developed long-standing relationships with well-credentialed international banking institutions, attorneys, trustees, and government officials at the highest levels in various offshore jurisdictions.
Fiduciary, Trusts, Estates and Probate Litigation
We represent individual clients in disputes related to wills, trusts, estates and fiduciary issues. We also address pre-death disputes, such as issues of capacity, undue influence and financial elder abuse.
As the U.S. population ages, we increasingly see challenges raised regarding the capacity of donors and fiduciaries, as well as allegations of undue influence and elder abuse. We are experienced in all aspects of these matters, including effectively utilizing expert witnesses and discovery, both of which are often pivotal in helping courts find the clarity needed to resolve these matters fairly.
Trustees and other fiduciaries continue to face litigation by beneficiaries and others who allege breach of fiduciary duty. Over the years, we have represented both fiduciaries and beneficiaries, giving us a broad understanding of how fiduciary disputes emerge and optimal strategies for resolving them. Often, we find that disputes can be avoided by establishing clear policies and protocols for trust and estate administration, and our attorneys are experienced in advising trustees on how to structure their oversight to adhere to best practices and the law.
Planning for Unique and High-Value Assets
Unique and high-value assets include properties, businesses, and items like art or rare collectibles, all requiring unique attention during estate planning. These assets bring added complexities, such as fluctuating market values, potential tax burdens, and specialized appraisals. Real estate often demands ongoing maintenance and market assessments to retain value, while business interests involve succession strategies to ensure continuity. Meanwhile, luxury items may need expert valuation due to market variability. A thorough understanding of these factors is critical to building a detailed estate plan that aligns with long-term goals and preserves wealth.
Using trusts is a primary method for estate planning with unique and high-value assets, helping to avoid probate and maintain privacy. Different trust types offer specific benefits: revocable living trusts allow for probate avoidance while retaining control, while irrevocable trusts can protect assets from creditors and reduce estate taxes by removing assets from your taxable estate. Specialized trusts like a Qualified Personal Residence Trust (QPRT) or Generation-Skipping Transfer (GST) trust can provide targeted tax advantages.
For collections or businesses, consider Family Limited Partnerships (FLPs) or LLCs to facilitate gifting while maintaining control. Charitable donations of valuable items can provide tax deductions and support philanthropic goals. It's important to consider the tax basis implications for heirs, as assets inherited at death typically receive a step-up in basis, while gifted assets retain the original cost basis
Guardianship/Conservatorship
Sometimes loved ones require assistance and oversight in financial or personal matters. When no suitably protective alternatives exist, the appointment of a Guardian/Conservator may be necessary through a court proceeding. A court-appointed Guardian/Conservator has responsibility for the financial, legal and/or personal needs of an individual who the court has determined is unable to perform these activities independently. Once appointed, a Guardian/Conservator must report regularly to the court as to the individual’s personal and financial status.
The legal requirements for establishing and managing a guardianship or conservatorship are complex. Many firms avoid these cases due to their difficulty, but we have extensive experience in this area of law. We provide a sounding board for tough decisions and can help you navigate the process, from filing the initial petition to fulfilling ongoing court requirements. Our local knowledge also allows us to connect you with support services and professional conservators if needed.
Your Estate Planning Attorneys Questions Answered
Blended Families and Same-Sex Couples
Estate planning is crucial for anyone who wishes to accurately and efficiently pass their assets on to their families or other heirs. But for LGBTQ+ individuals and blended families, an estate plan can serve as a much-needed bulwark against the shifting tides of legal and political ideology.
The Supreme Court’s 2015 Obergefell v. Hodges ruling famously legalized same-sex marriage. It provided protections for LGBTQ+ couples who legally marry, including access to tax and social security benefits, inheritance rights, medical decision-making authority, and recognition as legal parents. Still, challenges persist, making estate planning especially important for this community.
Despite Obergefell, some states have enacted laws that limit LGBTQ+ rights, including religious exemptions and restrictions on gender-affirming care. If Obergefell were ever overturned or weakened, married LGBTQ+ couples could lose default legal protections—making estate planning even more critical.
Business Succession Planning
Many of our clients at Mishkin Law are Portland small business owners. Whether a business is large or small, it’s important to have a plan in place for the business in the case of the owner passing away, developing a disability, or retiring.
Any sole proprietorship should have a succession plan in case of any such event. This involves choosing a successor, developing a training plan, and establishing putting your successor in place if and when the time comes.
For partnership businesses, you can create a buyout or buy-sell agreement which details information such as who can buy shares, whether the partner must be bought out, and what can prompt a buyout.
Charitable Planning
Our philanthropy practice group draws upon our deep knowledge of the intricacies of the tax laws relating to charitable giving while we counsel operating charities, private foundations and other tax-exempt organizations. This ability to recognize and analyze issues from both perspectives — the individual donor’s and the charitable organization’s — allows us to better advise clients on how to structure their charitable gifts and how to administer gifts that have been made.
Whether you are interested in establishing a charitable remainder trust, a charitable lead trust or a private foundation, or perhaps just want to make a simple bequest in a will, we are ready to advise you about income tax and estate tax charitable deduction issues, tax exemption and compliance issues, the design of gift restrictions and donor intent. We also advise trustees and foundation managers about gift acceptance policies, the interpretation of gift restrictions, and compliance and operational issues that can arise, for example, under the Prudent Investor Act, the prohibited transaction rules and the excise tax rules.
International Estate Planning
Families whose members reside in different countries are faced with additional challenges when planning for the proper administration of their assets as they are passed from one generation to the next. International estate planning and cross-border wealth transfer includes coordinating client's estate and gift tax planning in the United States and abroad, preparing wills and trusts in the United States, and coordinating with foreign counsel to prepare their foreign estate plans.
Our international estate planning practice assists individuals and families with cross-border assets or beneficiaries to manage the complexities of different legal systems and tax laws. The goal is to create a seamless plan that protects your wealth and ensures a smooth transfer of assets to your intended heirs, minimizing the risk of double taxation and legal complications across multiple jurisdictions.
Estate Planning with Digital Assets
Digital assets cover a wide range of online and electronic possessions. Personal digital assets include family photos stored in the cloud, social media accounts, and cherished emails. These items hold deep sentimental value and require proper planning to preserve and handle them according to your wishes.
On the financial side, assets like cryptocurrency, online banking accounts, and digital business documents can have substantial monetary value. Managing these requires careful documentation and strategies to secure access and ensure proper transfer. By categorizing and planning for these assets, you can better protect your digital legacy for your loved ones.
Elder Law and Estate Planning
As family members age, it’s important to understand their wishes for the future and have these documented in accordance with the law. If an elderly or unwell client becomes incapacitated, any assets they have will need to be protected. They will also require medical care. Both of these require planning in regards to what type of conservatorship or trust to use, how to pay for medical care, and ensuring proper networks are in place to provide competent and quality care.
We understand how planning for long-term care and the processes behind qualifying for Medicaid can be daunting. We can assist with completing and submitting applications, handling any hearings and appeals, and ensuring our clients continue to qualify for Medicaid.
Contact A Highly Experienced Estate Planning Attorney in Oregon and Washington Today
Without estate tax planning, an affluent family may see their wealth decrease by almost 50 percent due to federal estate taxes when a surviving spouse passes away and states take even more due to state estate taxes. Worse yet, certain forms of wealth, such as pre-tax 401(k) plans and IRAs, can swell income and estate taxes combined to 75 percent. Consequentially, children and other beneficiaries may receive less than half of the family’s wealth.
Estate lawyer Mr. Mishkin structures plans to benefit from every tax code nuance while working hard to understand your unique objectives. By closely listening to your specific perspectives, goals and needs, he can counsel you on the best decisions with suitable recommendations. In effect, you both develop your plan to fully satisfy you and your family.
Meanwhile, he provides generational planning for your family’s wealth to be optimally retained and administered to future generations. Own a business? He can assure business continuity and value for your family, shareholders, employees and customers.
Losing a loved one is hard enough without an estate planning attorney. Mr. Mishkin can help you when and where you need him, providing post-mortem planning and documents by deadlines. Through proper, reliable estate administration, Mr. Mishkin respectfully honors the past while preparing for the future.
Have Estate Planning Questions? Contact Us
Need estate planning information?
Get your Estate Planning FREE PDF download which teaches you
5 important reasons you need an estate plan.
Click on the download link below.
